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2025 DAILYLAW 37329 (ALL)

RAHUL KUMAR v. STATE OF U.P.

BAIL/31720/2023 · 2025-07-07

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107670 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31720 of 2023 Applicant :- Rahul Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar,Deepak Kumar Tripathi,Saurabh Sachan,Vikas Kumar Chaubey,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. By means of this bail application the accused-applicant has prayed to be enlarged on bail in Case Crime No.141 of 2020 for offence under Section 8/20 of N.D.P.S. Act, P.S. Madihan, District Mirzapur. 2. Sri Yadvendra Yadav, learned advocate, holding the brief appears on behalf of applicant and submits that the accused- applicant has been falsely implicated in the case of N.D.P.S. Act showing recovery of 100 packets of ganja in 17 bags recovered from the truck no.UP86T5346 which was already found in possession of police standing at the vicinity of chowki, which has been apprehended in view of the F.I.R. registered by Smt. Soni Devi on 4th August, 2023 for offence under Section 279 and 304-A I.P.C. wherein it is mentioned that the aforesaid truck driven by the accused applicant has dashed into the tempo of her husband, due to which the husband of Soni Devi passed away. It is this truck which is already stationed at the police chowki has been searched on 13th August, 2023 and a huge contraband of ganja is recovered from the truck. Learned counsel further submits false allegation against the accused applicant and stated that the accused is languishing in jail since March, 2020. It is further submitted that while the truck has been apprehended by the police, no technical inspection has been carried out though it is stated that the truck was met with an accident, which further fortifies the case of false implication of the accused. 3. Per contra, learned A.G.A. submits that huge contraband of ganja is recovered from the truck owned and run by the accused. The charge sheet is already submitted and the trial is in progress. Two witnesses have already been examined. 4. This Court has taken into consideration the rival submission made by the parties. 5. The prima facie record reveals that the truck of the accused was already stationed at the police chowki when the search has been carried out, in absence of independent witness. The accused is languishing in jail since March, 2023. 6. Without touching the merit of the case, this bail application is allowed. 7. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 8.7.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad